The Brazilian Civil Code of 2002 (which substituted the prior Civil Code of 1916 and came into effect as of January 10, 2003), for the first time, brought legislative regulation of the personality rights. Before that, only the Federal Constitution of 1988 dealt with this matter in Section 5, related to the Fundamental Rights and Guarantees.
In trying to regulate the personality rights in 11 sections (11 to 21 to be more exact), Congress created what many perceive as an overprotection of such rights: section 20 of the Civil Code. This section reads as follows:
Section 20. Unless authorized or if necessary for the enforcement of Justice or the maintenance of the public order, the publication of written texts, the transmission of words, or the publication, exposition or utilization of the likeness of a person may be forbidden, upon the person’s requirement and without prejudice to the indemnification that may be applicable, if such use affects the person’s honor, reputation or respectability, or if such use is for commercial purposes.
Sole Paragraph. In case of deceased or absentee, his/her spouse, ascendants or descendants will have legitimacy to request such protection. Continue reading →
According to recent news, Brazil overtook United Kingdom’s Gross Domestic Product (GDP) and became the world’s sixth largest economy.
